This is in response to your letter of April 9, concerning the American Iron
and Steel Institute's (AISI) meeting with representatives from the
Occupational Safety and Health Administration (OSHA) and the Office of the
Solicitor regarding the OSHA standard, Process Safety Management of Highly
Hazardous Chemicals. AISI wished to resolve any misunderstanding relative to
the standard and its application. We have reviewed your discussion and offer
the following comments with regard to your answers. It should be noted that
while we are answering questions 5 and 6, they were not discussed at the
meeting and there may be additional significant facts that should be
considered.

Question 1: Under subparagraph (a)(1)(ii)(A) of the Process Safety
Management Standard, 29 C.F.R. 1910.119 (the "Standard"), hydrocarbon fuels
used solely for workplace consumption as a fuel are excluded from coverage,
if they are not part of a process containing another highly hazardous
chemical covered by the Standard. Propane and gasoline are referred to in
the rule as examples of such fuels. What are some other examples of fuels
that may qualify for the exclusion set forth in 29 C.F.R.
1910.119(a)(1)(ii)(A)?

OSHA Response to #1: The intent was to exclude fuels used solely for
workplace consumption such as described in the AISI answer, if the fuels are
not used in a process containing another highly hazardous chemical covered by
the standard.

Question 2: Coke oven gas and blast furnace gas are generated in steel
industry processes and used as fuel at steel mills. Do these gases qualify
for the exclusion set forth in 29 C.F.R. 1910.119(a)(1)(ii)(A)?

AISI Answer: Coke oven gas and blast furnace gas generated in steel
industry processes and used as fuel at steel mills qualify for the exclusion
set forth in 29 C.F.R. 1910.119(a)(1)(ii)(A), so long as they are not part of
a process involving another highly hazardous chemical covered by the
Standard. However, if material removed from coke oven gas in a by-product
recovery plant is itself a highly hazardous chemical, the by-product recovery
plant process in which the chemical is recovered or otherwise handled may be
subject to the Standard if the recovered chemical is present in an amount
exceeding the applicable threshold quantity.

OSHA Response to 2: The fuels described would be part of the exclusion as
long as they were not used in a process involving another highly hazardous
chemical covered by the standard. However, the second part of your answer
should be that if a material is removed from coke oven gas in a by-product
recovery plant, the by-product recovery plant process in which the chemical
is recovered or otherwise handled is subject to the standard.

AISI Answer: A railroad tank car is subject to the requirements of the
Standard if it contains a highly hazardous chemical, as defined in 29 C.F.R.
1910.119(b), in an amount that equals or exceeds the applicable threshold
quantity. However, the exception in 29 C.F.R. 1910.119(a)(1)(ii)(B) for
flammable liquids stored in atmospheric tanks or transferred below their
normal boiling point without benefit of chilling or refrigeration may apply
to railroad tank cars, just as it does to other tanks.

OSHA Response to #3: The exception for flammable liquids in atmospheric
tanks would include rail cars that are not pressurized.

Question 4: Are flammable liquid storage tanks that are gas blanketed for
vapor control covered by the Process Safety Management Standard?

AISI Answer: Flammable liquids stored in atmospheric tanks are exempt from
the Standard under subparagraph (a)(1)(ii)(B). For purposes of the Standard,
an atmospheric tank means a storage tank which has been designed to operate
at pressures from atmosphere through 0.5 p.s.i.g. Therefore, a tank in which
gas blanketing is maintained at or below 0.5 p.s.i.g. is exempt from the
Standard under 29 C.F.R. 1910.119(a)(1)(ii)(B). Tanks containing 10,000
pounds or more of a flammable liquid are covered by the Standard if they are
gas blanketed at a pressure greater than 0.5 p.s.i.g.

OSHA Response to #4: Flammable liquids stored in atmospheric tanks (0.5
p.s.i.g. or less) are exempt from the standard unless they are connected to a
process that is covered by the standard.

Question 5: If two or more fuels, each of which would qualify individually
for the exclusion set forth in 29 C.F.R. 1910.119(a)(1)(ii)(A), are blended
for workplace consumption as a fuel, does the resulting fuel mixture quality
for the exclusion as well?

AISI Answer: Yes, so long as the fuel mixture is not being used as a part
of a process containing another highly hazardous chemical covered by the
standard.

OSHA Response to #5: We concur with the AISI answer.

Question 6: Are the contents of reserve gas cylinders that have not yet
been connected to the process in which the gas will eventually be used
considered to be part of that process?

AISI Answer: Before it is connected to the process in which the gas will be
used, a reserve gas cylinder is a separate vessel. Accordingly, it could be
considered part of the process for purposes of determining whether the
threshold quantity for the gas is exceeded under 29 C.F.R. 1910.119 only if
it is so located that the gas contained in the cylinder could be involved in
a potential release of the same gas from the process, or vice-versa.

OSHA Response to #6: We concur with the AISI answer except that the
flammable gas thresholds are not chemical specific so that any combination of
flammable gases meeting the threshold would be covered.

I hope this information answers your concerns.

Sincerely,

Roger A. Clark Director,
Directorate of Safety Standards Program

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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